The supply of natural gas under this Business EnergyFix Natural Gas Plan (“Plan”) is in accordance with Nova Energy’s General Terms and Conditions for Commercial Customers which are available at www.novaenergy.co.nz (“General Terms”) and the following special terms (“Special Terms”). If there is any conflict between our General Terms and the Special Terms of this Plan, the Special Terms will apply:
- This Plan is only available to selected business natural gas customers at our sole discretion.
- On this Plan, the Nova Energy components in the Daily Charge and the Variable Charge(s) of your pricing are fixed for either 36 months or 60 months (“Term”), as set out your Supply Contract. We will advise you at the time of your application which (if any) fixed Term options are available for your business. However, we may adjust your pricing:
a) due to changes in third party costs, for example network company, transmission, and metering charges (which may apply to both the Daily Charge and the Variable Charge components);
b) due to changes in taxes (e.g., GST); levies (including the Gas Industry Company Levy); the NZ Emissions Trading Scheme; any relevant assessment, duty, charge or withholding on natural gas or this Plan; or any other governmental or regulatory changes; and/or
c) if, for any reason, the information we have relied on to set the pricing is incorrect and/or requires amendment (e.g., if your metering set-up or capacity and/or your pricing category is incorrect or changes during the course of this Plan).
- At the end of the Term, you will be moved to new pricing applicable for your area and metering setup. We will notify you of this new pricing.
- By agreeing to provide your business with natural gas at a fixed price for the entirety of the relevant Term, you acknowledge that we have a legitimate interest in ensuring that Installation Control Points (“ICPs”) on this Plan remains contracted for the agreed Term, and that ending this Plan early for any such ICP will constitute a breach of contract. Therefore, if you end the Plan for any reason before the end of the Term (subject to clause 5 below), an early termination fee will apply in respect of each ICP on this Plan. This fee will comprise the greater of:
a) a fee of $300 (including GST) for each ICP on this Plan; or
b) a variable fee of 1 cent per kilowatt hour (“kWh”) for each ICP’s remaining Forecasted Natural Gas Consumption (being the natural gas that was anticipated to be supplied and consumed from the date you end the Plan until the expiry of the agreed Term). For the purpose of this clause, an ICP’s “Forecast Natural Gas Consumption” will be based on the average daily kWh your business’ ICP(s) have used since the relevant ICP started on the Plan and ending on the date we became aware of you ending the Plan early for the relevant ICP.
- The early termination fee under this Plan will not apply in circumstances where you switch away within 30 days of receiving a notice of: any changes to the pricing of this Plan in accordance with clause 2(c) above; or any material changes to our General Terms.
- This Plan cannot be transferred to a different property and will end if you move, in which case the early termination fee(s) will apply.
- This Plan is only available in selected regions. It does not apply to or include residential or industrial sites, or our standard fees and charges.
- There is no prompt payment discount available on this Plan. A late payment fee of $25 may apply if you don’t pay your bill on time.
- Standard acceptance criteria apply. Our standard fees and additional service charges (published on our website) also apply.
- We reserve the right to change or withdraw this Plan at any time without notice.